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Ilyashev & Partners Successful in Challenge of Antimonopoly Committee for Biopharma

Ilyashev & Partners Successful in Challenge of Antimonopoly Committee for Biopharma

Ukraine
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Ilyashev & Partners Law Firm has successfully defended the interests of the Ukrainian pharmaceutical manufacturer Biopharma in a case involving the protection of competition in Ukraine's immunoglobulins market.

Biopharma LLC specializes in the development and production of medicinal products from human-donated blood, recombinant drugs, and drugs based on spore-forming bacteria.

According to Ilyashev & Partners, "in July 2019 the Antimonopoly Committee of Ukraine (hereinafter – the AMCU) adopted Decision No. 526-р in the case No. 143-26.13/68-18/91-13 on violation by PrJSC Biopharma and Pharmaceutical Plant Biopharma LLC of legislation on the protection of economic competition by the abuse of monopoly (dominant) position. As a result ... it imposed fines on Pharmaceutical Plant Biopharma LLC for the alleged use in the equivalent contracts with wholesale buyers / distributors of the medicines of different payment deferment terms."

Acting on behalf of Biopharma, Ilyashev & Partners appealed the AMCU's decision. According to the firm, "by its Resolution dated 9 July 2020 the Supreme Court put an end to the dispute: it confirmed the legitimacy of actions of the pharmaceutical manufacturer and revoked the decision on imposition of fines, upholding the decisions taken earlier by the court of first instance and court of appeal."

“The Supreme Court concluded that the AMCU analyzed unequal agreements," commented Ilyashev & Partners Partner Oleksandr Fefelov. "Given the position of the Supreme Court, which has flawlessly clarified the situation, the contracts for purchase and sale of goods with the aim of participating in a tender cannot be considered equivalent to those where the goods were purchased for further distribution, in other ways. In addition, the AMCU failed to confirm the presence of an adverse impact on competition between the distributors, since the payment terms were actually equal, fair, beneficial for all buyers, and not a single fact of competition distortion was recorded."

Ukraine Knowledge Partner

AVELLUM is a leading Ukrainian full service law firm with a key focus on Finance, Corporate, Dispute Resolution, Tax, and Antitrust.

Our aim is to be the firm of choice for large businesses and financial institutions in respect of their most important and challenging transactions.

We build lasting relationships with our clients and make them feel secure in new uncertain economic and legal realities.

We incorporate the most advanced Western legal techniques and practices into our work. By adding our first-hand knowledge, broad industry experience, and unparalleled level of service we deliver the best results to our clients in their business endeavours. Our partners are taking an active role in every transaction and ensure smooth teamwork.

AVELLUM is recognised as one of the leading law firms in Ukraine by various international and Ukrainian legal editions (Chambers, The Legal500, IFLR1000, The Ukrainian Law Firms, and others).

Firm's website: www.avellum.com

 

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